Gas Station Workers and Motorists in Cleveland Face Possible $100 Penalties for Fueling Up
In Cleveland, Ohio, a long-dormant ordinance has been revived, causing controversy and raising safety concerns. Passed in 2017, the ordinance allows the police department to ticket both riders of dirt bikes and ATVs who illegally fuel their vehicles and the clerks who sell them gas.
Since its implementation, the ordinance has been used only nine times. Five out of these nine instances resulted in guilty verdicts, while one case was dismissed earlier this year. Notably, no tickets have been issued since early August.
The enforcement of this ordinance has been a recent development, with the Ohio Department of Agriculture able to fine gas station employees since August 2021. The Cleveland police department is actively enforcing this law, targeting both the riders and the clerks who serve them.
However, the enforcement has been criticized as vague, unfair to clerks, and inconsistently enforced. Critics argue that the sparse use of the ordinance is part of the problem, and that it unfairly holds clerks responsible for the actions of the riders. Susan Moran, a criminal defense attorney, questions whether clerks are expected to monitor fueling activities and raises concerns about potential danger or violence if clerks attempt to stop fueling by a group of riders.
Moran suggests that officers stationed at fuel stops may be necessary to deter such behavior. She also questions the fairness of holding clerks responsible for the actions of the riders. Opponents argue that the law is a nuisance to the entire community, while others see it as an unfair targeting of dirt bike and ATV riders and their gas-station clerks.
The incident on August 2 is not the first time dirt bikes and ATVs have been seen illegally fueling at gas stations in Cleveland. Police are reviewing surveillance footage from this incident, capturing a swarm of dirt bikes and ATVs taking over Denison Avenue near W. 65th Street, to potentially issue tickets to the riders and the gas-station clerk involved.
The ordinance carries a fine of $100 for both the riders and the clerks. As the debate continues, it remains to be seen how this ordinance will be enforced moving forward and whether it will have a significant impact on the illegal fueling of dirt bikes and ATVs in Cleveland.
